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BP 27 – Equivalence, mutual recognition in financial services and the UK negotiating position

Download Briefing Paper 27 Briefing Paper 27 – January 2019 Authors: Andy Tarrant, Peter Holmes and R. Daniel Kelemen Key points Introduction Equivalence in financial services Would equivalence as it currently exists benefit UK financial services? Mutual recognition within the EU The version of mutual recognition preferred by the UK What are the institutional differences between mutual recognition and equivalence with a third country? The different defaults under equivalence and mutual recognition Nature of the tests for establishing or withdrawing equivalence and withdrawing mutual recognition Nature of the decision-making body The difficulties for the EU in agreeing mutual recognition with the UK Political difficulty Potential legal difficulty Would equivalence with the revisions proposed by the UK in its subsequent White Paper resolve barriers to cross-border trading with the EU? Is there a precedent for the UK’s negotiating position in previous trade agreements? Don’t EU guidelines mean that UK financial services firms can establish themselves abroad, so what’s the issue? Conclusion Footnotes Key points The Withdrawal Agreement and Political Declaration do not fully determine the content of a market access agreement for financial services between the UK and the EU post-Brexit. The UK initially sought market access on a mutual recognition [...]

By , , |2025-12-12T11:46:33+00:004 February 2019|Comments Off on BP 27 – Equivalence, mutual recognition in financial services and the UK negotiating position

Briefing Paper 27 – EQUIVALENCE, MUTUAL RECOGNITION IN FINANCIAL SERVICES AND THE UK NEGOTIATING POSITION

This briefing paper explores the likely content of a market access agreement for financial services between the UK and the EU. Despite the UK Government’s early hopes that all trade issues could have been settled in the Withdrawal Agreement, the actual situation is that this Agreement addresses only those trade issues necessary to ensure an open Irish Border.  The accompanying Political Declaration on the future relationship between the UK and the EU lays out some broad non-binding principles on which negotiations around financial services access are intended to proceed during the transition period, but important details are undefined. During the negotiation of the Political Declaration itself, some counter-briefing took place as to the meaning of some of these principles. The existence of such counter-briefing suggests that when these negotiations commence, the rules of access for UK financial services will again be a contentious issue. This paper uses what we know now to analyse the options that may emerge and the likelihood of their adoption. Read Briefing Paper 27 – EQUIVALENCE, MUTUAL RECOGNITION IN FINANCIAL SERVICES AND THE UK NEGOTIATING POSITION

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